By Tonnie Iredia
During Nigeria’s First and Second Republics, not many people had faith in the country ’s judiciary. To start with, court cases dragged on for too long; making it practically impossible for litigants to enjoy the fruits of judicial victories. In other cases, many criminals were set free on account of some technicalities couched in Latin that ordinary people never understood.
Part of the assignments of some transition bodies set up during military rule was to educate Nigerians on the dangers of extra- judicial activities. But if the truth must be told, it has been quite difficult to persuade politicians to follow the sermons on the rule of law which seem to provide inconsequential efficacy.
Years ago, there were Nigerian
politicians who had no patience for a long wait to take a seat in parliament
when they could have been returned unopposed even before voting by merely
organising thugs to kill their opponents. However, political assassinations
have reduced considerably since 1999 but they have been replaced by a new
design by which the judiciary is used to win cases, especially election
petitions.
The danger is that those who are
unable to command what it takes to manipulate the judiciary may, as time goes
on, be forced to return to such evils as assassinations while proclaiming that
their ambition is not worth the blood of fellow citizens. If this must be
prevented from recurring, there is no better time than now to stop our judges
who speak in tongues while on duty
In Nigeria today, every court judgment or judicial
pronouncement is often subjected to multiple interpretations by the different
parties in a case. This usually happens when two or more courts with coordinate
jurisdiction give contradicting rulings on the same case. Another aspect is
when some courts grant daily ex parte orders despite the repeated caution of
the Chief Justice of the Federation against such behaviour.
At the same time, there is the issue of jurisdiction
which should ordinarily not be difficult to ascertain; yet, many courts hear
and determine several cases where the law states clearly that they have no
jurisdiction. When that happens, all we hear is that those adversely affected
should go on appeal. But can the judiciary not stop it from happening at all?
If a layman does not know the
court which has jurisdiction to hear his case, are his lawyers and the judge to
whose court the case was assigned also ignorant of the law? This question and
some others that many of my readers have asked me in the last one month and
which I obviously have no answers for are raised in this piece in the hope that
someone can help me out.
The first set of questions I
received had to do with the reinstatement of Emir Muhammadu Sanusi II of Kano.
Whereas the federal court presided over by Justice Abdullahi Liman nullified
the reinstatement of the Emir, a state high court, presided over by Justice
Aminu Adamu Aliyu, issued a restraining order preventing the police, the DSS
and the military from forcibly re- moving Sanusi 11.
What explains why both a state
and a federal high court located in the same city were both hearing the same
case is the issue of jurisdiction which is essentially one of the mysteries of
our legal system. It is only a court that can determine whether it has juris-
diction over a case or not de- spite what the law says. Those who believe that
Justice Liman had no jurisdiction argued that the case of Emirship being a
chieftaincy matter ought to be a state affair. But then, Jurisdiction in
Nigeria is more than mathematics hence the pro-federal judge claimed that those
dis- placed by the new Kano chieftaincy law were bothered about their fundamental human rights which they think explains the interest of the federal judge.
The only other persons who
understand the issue of jurisdiction between the state and federal courts are
our lawmakers who in their own self- interest ensured that the federal high
courts were so empowered especially in political matters. While the rest of us
are bothered that there is some confusion in the system, our legislators are
comfortable.
This is because once a federal
legislator sees the need to institute a case, it is the federal high court that
first occurs to him because it can be difficult getting justice from a state high
court which a state governor has control over. In other words, confusion in our
courts was deliberately planted by politicians hence judgments in those courts
are always communicated in such a way that they can be interpreted to suit any
party’s position.
If applied to the lingering case
between the executive and the legislature in Rivers State, it is easy to see
every party interpreting last week’s judgment of the Court of Ap- peal on the
fate of majority of the lawmakers as it suits them. The decision of the court
which was in favour of the Amaewhule-led legislators said nothing about the
real subject in contention. Instead, it nullified the previous contrary order
on the grounds that the state high court which earlier determined the case had
no jurisdiction. But the real issue of whether or not speaker Amaewhule and his
colleagues had lost their seats for decamping to another party is yet to be
resolved.
Also last week, an Abuja federal
high court presided over by Justice Inyang Ekwogave a judgment concerning the
Edo PDP governorship primaries that everyone is still busy debating. The real
order made by the court was that certain lawfully elected delegates must not be
excluded from the party’s primaries scheduled for February 22, 2024. How does
anyone understand such an order to be carried out concerning an election that
had already been conducted some 5 months ago?
What would the court have lost
if it had declined to make such an academic order which had been overtaken by
events? While some people would have appreciated the need to penalise a
careless political party, there is doubt if such an intention would have made
sense considering the position of the law on internal matters of a political
party
If it is true as some critics
have argued that the litigants being delegates and not aspirants ought not to
have been allowed to bring up such a case, what public good was served in
dealing with the case at all? Talking about the public good what exactly are
our courts enjoying in the unending litigations that distract governance?
The judiciary as an arm of
government cannot be exculpated from blame if it does not work together with
other arms of government to assist Nigeria to attain good governance that can
improve the living standards of the people. For example, it is clear that
asking parties to maintain status quo is severally interpreted to suit each
person’s wish. If so, of what use is a jargon if all those to whom it is
addressed, do not have same meaning for it?
Considering the level of
confusion that the term status quo has been causing in society by those who are
exploiting it, is it not time for judges to clearly spell out the true position
they want par- ties to maintain? No one needs to be a professional communicator
to recognise the defect in using a term that is subject to more than one
meaning.
In other words, engaging in
effective communication can easily enhance the prospects of relevant actors in
the justice delivery system attaining greater professional competence. As it is
today in Nigeria, it is difficult to make the average citizen to comprehend the
rationale for certain judgments even if translated into local dialects of the
people. The real problem is that there is too much of working to the answer
especially when compared with other cases with similar facts.
The trend whereby Nigerian court judgments are never
self-explicit is worrisome as the trend continues to adversely affect the image
of our judiciary that was in times past internationally respected. Painfully,
majority of our judges who have continued to perform well are watching
helplessly as a few of their colleagues are holding high an inglorious emblem
on behalf of all. If per chance any law enforcement agency invades judges’ home
again in search of different currencies, no one should be surprised if it
elicits public applause across the nation.
*Dr. Iredia is former DG, Nigerian Television Authority
(NTA)
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